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Abir Moussi’s Case Postponed Following Complaint by the Independent High Election Commission: Trial in the Absence of Defense

The Criminal Chamber of the Tunis Court of First Instance decided to postpone the case against Abir Moussi, leader of the Free Destourian Party (PDL), until June 12, 2025. This was in response to the request of the court-appointed lawyer to defend her, following the withdrawal of the original defense team in previous sessions.

The appointed lawyer attended the hearing held on Thursday, May 15, and requested a delay to review the case file and prepare the defense. The court granted the request.

Case Background:

The current case concerns a complaint filed by the Independent High Election Commission (ISIE) against Abir Moussi, based on media statements attributed to her regarding the 2022 legislative elections. The case is part of a series of cases initiated against the party leader, amid a turbulent political context in which trials with political dimensions are on the rise.

Moussi’s defense team had previously announced a boycott of the judicial process in this case, insisting that the trial lacked the elements of impartiality and independence. The court subsequently assigned a lawyer to defend her despite the absence of her explicit consent, raising legal issues related to the defendant’s right to choose his or her lawyer and to refuse forced defense.

The Freedom for Tunisia Observatory expresses its concern about the transformation of the Independent High Election Commission from a regulatory body into a complainant in opinion-related cases. This undermines its impartiality as a constitutional institution that is supposed to remain immune from political conflicts.

The Observatory also considers the trial of a prominent opposition figure in the absence of her lawyer and the forced selection of a lawyer against her will to constitute a violation of the right to defense, guaranteed by Article 124 of the Tunisian Constitution and Article 14 of the International Covenant on Civil and Political Rights.

“Everyone has the right to a fair trial within a reasonable time. Litigants are equal before the judiciary. The right to litigation and the right to defense are guaranteed. The law facilitates access to justice and guarantees legal aid to those financially unable to afford it.” 2022 Constitution

The Freedom for Tunisia Observatory condemns the continuation of the trial of Abir Moussi for a media statement falling within the scope of freedom of expression and political criticism. It considers this a dangerous deviation from the judicial function toward settling scores with political opponents.

The Observatory demands:

  • The dismissal of politically motivated prosecutions based on public statements.
  • The cessation of the use of constitutional bodies as parties to complaints against opponents of the government.
  • Respect for the right of litigants to choose their lawyers and the rejection of the imposition of a compulsory defense.

The Observatory affirms that trials in absentia or forced trials against opposition figures undermine the legitimacy of the judiciary and undermine constitutional guarantees of a fair trial, especially when they are based on public political expressions that fall within the scope of legitimate public debate.

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Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.